Brigadier PS Rathore's Promotion Opens Up Can Of Worms In Embattled Defence Ministry

Discussion in 'Indian Army' started by Singh, Jan 28, 2012.

  1. Singh

    Singh Phat Cat Administrator

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    Promotion Opens Up Can Of Worms In Embattled Defence Ministry


    Defence Minister A. K. Antony , already under pressure in the wake of army chief Gen. V. K. Singh's age controversy, will have to tackle another storm brewing over the promotion of Brigadier P. S. Rathore, who is tipped to become the next boss of the force's legal arm - the judge advocate general (JAG).

    Lt. Colonel Mukul Dev has filed a contempt petition against the defence secretary, military secretary and the army chief, for declassifying the result of Brig. Rathore's promotion, in violation of the order of the Kolkata armed forces tribunal (AFT).

    The AFT bench had stayed the promotion of the Brigadier, currently serving as the deputy judge advocate general (DJAG) at the South Western Command HQs, through an interim order passed on December 19, 2011.

    Lt. Col. Dev has alleged that the declaration of the selection board result for Brig Rathore's promotion amid continuation of the interim order was intended to cause harassment, mental torture and with mala fide intentions and was tantamount to deliberate contempt of court by the respondents.

    The MS branch issued a letter on January 13 this year to the Army commands which, the petitioner claimed, was contempt of the court. The letter declared that "the government has approved the empanelment of Brigadier Prabhu Singh Rathore, JAG, as a fresh case of the 1979 batch for promotion to the acting rank of Major General in the JAG". It also said he would be promoted when the vacancy arises.

    Sources said the MS branch had exceeded its brief and disregarded the AFT order. "The promotion result has been declassified, which can lead to contemptuous action. The AFT direction was not to take any action and included not declaring the result related to his promotion till the expiry of the interim order," the sources added. The next date of hearing is February 7, 2012.

    But senior army officials said on the condition of anonymity that there was no contempt of the AFT order. "There is no restriction on declassification of the result unless a stay on declassification is operating from the court of law. In this case, the stay is on final promotion and not declassification of result," the officials added.

    Lt. Col Dev alleged that a plain and simple reading of the AFT order would reveal that the army authorities were directed not to take a decision with regard to Brig. Rathore's promotion. "The respondents were directed not to finalise the decision of the result...," his petition stated.

    In December last year, the AFT gave an interim order stalling the Brig. Rathore's promotion after Lt. Col. Dev filed a petition alleging that he was harassed by his senior officials, including the Brigadier, by transferring him out of the JAG Branch in 2009 allegedly to spoil his career.

    The Brigadier was earlier indicted in the court of inquiry pertaining to the same case but got away without any punishment. In his application, Lt. Col. Dev alleged that the Col was manipulated with mala fide intention to rescue the senior officials.



    Read more at: Promotion opens up can of worms in embattled defence ministry : North News - India Today
     
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  3. Ray

    Ray The Chairman Defence Professionals Moderator

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    An interesting issue.

    JAG Branch after all!

    Lawyers in uniform!
     
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  4. W.G.Ewald

    W.G.Ewald Defence Professionals/ DFI member of 2 Defence Professionals

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    Is LTC Dev filing in a civilian court?
     
  5. Ray

    Ray The Chairman Defence Professionals Moderator

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    Yes.

    The Army channels is a non statutory complaint (adjudicated by the Chief), then a Statutory Compliant (adjudicated by the Union Govt), then to the Armed Force Tribunal.

    It is obvious he has not gone through this procedure and has filed a civil suit with the Courts.
     
  6. W.G.Ewald

    W.G.Ewald Defence Professionals/ DFI member of 2 Defence Professionals

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    I am surprised that LTC Dev would not be required to exhaust his options under military procedures before going to a civil court.
     
  7. Ray

    Ray The Chairman Defence Professionals Moderator

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    The news is silent on that.

    However, India is a democratic country ;) and we can go to the Court even if the channel is not followed!

    The channel, except for the Armed Force Tribunal (which has not been tested) is actually a hogwash!

    Totally bureaucratic and always with the Establishment and does not actually decided on the merit of the case, but on perceived notions that ensures that there is no upheavals to the system!

    That is why the Armed Forces Tribunal has been brought into existence (to ensure a freer decision beyond Army and Govt control; at least in principle!)
     
    Last edited: Jan 28, 2012

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